Former students of the St. Joseph's Indian School on the Lower Brule Sioux Reservation can pursue a lawsuit over alleged abuse, the South Dakota Supreme Court ruled last month.

Eight former students filed the lawsuit in June 2010. A copy was first served to the executive director of child services at the school, who was not a registered agent of the Congregation of the Priests of the Sacred Heart.

The lawsuit was later served within 60 days to the president of the PSHI, which operates the school. But in the meantime, the South Dakota Legislature passed a law that places a time limit on the filing of abuse lawsuits.

The South Dakota Supreme Court, however, ruled that the service on the president of the PSHI was "related" to the first service. That means the plaintiffs won't be affected by the new law, which Indian advocates have described as unfair.

"Therefore, we hold that the Plaintiffs timely served PSHI in accordance with South Dakota law and the circuit court did not err in denying PSHI’s motion to dismiss," the decision stated.

Get the Story:
Sex-abuse suit against order can proceed (The Milwaukee Journal Sentinel 1/11)

South Dakota Supreme Court Decision:
R.B.O. v. Congregation of the Priests of the Sacred Heart (December 14, 2011)

Related Stories:
Native Sun News: Yankton man vows appeal in abuse case (12/13)
Native Sun News: South Dakota man challenges abuse law (11/03)